A Status Update on Efforts to Extend MMSEA’s LTACH Provisions

Posted by Jason Greis on March 8, 2010 under Articles | Be the First to Comment

Over the past year, the LTACH industry has worked tirelessly to ensure extension of the LTACH provisions contained in the Medicare, Medicaid and SCHIP Extension Act of 2007 (Public Law No 110-173) (“MMSEA”).  Most importantly for LTACHs, Section 114 of MMSEA (i) established new LTACH facility criteria, (ii) provides a three-year moratorium on the establishment and classification of new LTACHs, LTACH satellite facilities, and LTACH beds in existing LTACHs or LTACH satellite facilities, and (iii) provides a three-year regulatory reprieve from certain harmful Medicare payment policies, including providing relief from the “25% Rule,” the very short stay outlier policy and a one-time prospective adjustment to the LTACH standard amount.  Read More...

Health Care Update: Senate Patient Protection and Affordable Health Care Act Diminishes Regulatory Relief for LTACHs

Posted by Jason Greis on November 19, 2009 under Articles | Be the First to Comment

Senate Majority Leader Harry Reid (D-NV) unveiled the long-awaited Senate health care bill, titled the “Patient Protection and Affordable Health Care Act,” yesterday evening.  In a news conference held to announce the bill, Sen. Reid said that the bill embodied the Precquisident’s health care goals, calling it a “tremendous step forward.”  The bill would cost $848 billion and would reduce budget deficits by $130 billion over ten years, according to the recently released Congressional Budget Office (CBO) score. Read More...

GreisGuide to LTACHs Newsletter (October 2009)

Posted by Jason Greis on October 19, 2009 under Articles, eNewsletter | Be the First to Comment

This issue of the GreisGuide to LTACHs Newsletter contains articles and information on: Read More...

The Future of LTACHs: A Case Study for Industry Consolidation

Posted by Jason Greis on October 15, 2009 under Articles, Presentations | Be the First to Comment

I have attached a copy of the presentation (click here) that I gave at ALTHA’s Legal Issues Conference on Tuesday, October 13, 2009.  The presentation addresses how and why various macroeconomic and facility-specific financial, regulatory and operational pressures resulted in ”fire sales” in the LTACH market in 2009 and why 2010 will be a year in which over 60 LTACHs are expected to change ownership at much more attractive EBITDA multiples.  Please feel free to call me if you have any questions about my presentation. Read More...

Key Guidance Provided Regarding Application of MMSEA Exceptions to LTACH Development, Relocation and Change of Ownership Transactions

Posted by Jason Greis on September 29, 2009 under Articles | Be the First to Comment

Section 114 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (“MMSEA”) established, among other things, a three-year temporary moratorium on the establishment of new LTACHs and LTACH beds, subject to certain limited exceptions.  When rules implementing the moratorium were released by CMS in an Interim Final Rule on May 22, 2008, CMS did not specify which change of ownership and facility relocation activities by existing LTACHs and LTACH satellite would continue to be permissible under the moratorium.  In fact, CMS specifically advised the industr that such questions should be directed to their Medicare Administrative Contractors, and that the CMS Regional Office would address specific situations on a case by case basis.  Read More...

Senate Finance Committee Healthcare Bill: Highlighting Provisions of the Chairman’s Mark Applicable to Post-Acute Care Providers

Posted by Jason Greis on September 17, 2009 under Articles | Be the First to Comment

I.          Political Overview. Read More...